ORDINANCE RELATING TO MIAMI-DADE COUNTY TRAFFIC CODE; AMENDING SECTIONS 30-292 AND 30-388.32 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROHIBIT STOPPING, STANDING OR PARKING A VEHICLE IN A PLACE WHERE THERE IS HANDICAPPED ACCESS; INCREASING FINE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

NONE

Sponsors:

Katy Sorenson, Prime Sponsor

Sally A. Heyman, Co-Sponsor

Rebeca Sosa, Co-Sponsor

Sunset Provision:
No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History

Acting Body

Date

Agenda Item

Action

Sent To

Due Date

Returned

Pass/Fail

Health and Public Safety Committee

9/17/2007

2E

Withdrawn

REPORT:

See Agenda Item 2E Substitute Legislative File No. 072644.

Board of County Commissioners

7/24/2007

Scheduled for a public hearing

Health and Public Safety Committee

9/10/2007

Board of County Commissioners

7/24/2007

4Q

Adopted on first reading

9/10/2007

P

REPORT:

The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Health and Public Safety Committee on September 10, 2007, at 9:30 a.m.

County Attorney

7/17/2007

Referred

Health and Public Safety Committee

9/10/2007

County Attorney

7/17/2007

Assigned

William X. Candela

7/17/2007

Legislative Text

TITLE

ORDINANCE RELATING TO MIAMI-DADE COUNTY TRAFFIC CODE; AMENDING SECTIONS 30-292 AND 30-388.32 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, TO PROHIBIT STOPPING, STANDING OR PARKING A VEHICLE IN A PLACE WHERE THERE IS HANDICAPPED ACCESS; INCREASING FINE; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY

BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 30-292 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 30-292. Stopping, standing or parking prohibited in specified places.

(1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(a) Stop, stand or park a vehicle:

1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

2. On a sidewalk;

3. Within an intersection;

4. On a crosswalk;

5. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the Division of Road Operations of the Department of Transportation indicates a different length by signs or markings;

6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

7. Upon any bridge or other elevated structure upon a highway, causeway or within a highway tunnel, where parking is not provided for thereon;

8. On any railroad tracks;

9. On a bicycle path;

10. At any place where official traffic control devices prohibit stopping;

11. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

>>12. At any place where there is handicapped access.

13. Any violation of this section shall result in a fine of $150.<<

(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:

1. In front of a public or private driveway;

2. Within fifteen (15) feet of a fire hydrant;

3. Within twenty (20) feet of a crosswalk at an intersection;

4. Within thirty (30) feet upon the approach to any flashing signal, stop sign or traffic control signal located at the side of a roadway;

5. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance (when property sign-posted);

6. On an exclusive bicycle lane;

7. At any place where official traffic control devices prohibit standing.

(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers:

1. Within fifty (50) feet of the nearest rail of a railroad crossing, or bridge;

2. At any place where official signs prohibit parking.

(2) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.

Section 2. Section 3-388.32 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 30-388.32. Penalty for violation of article.

(a) Violations of this article shall be punishable by the fine indicated below:

(b) Reduced fine schedule for persons pleading guilty by mail: Upon a finding that it will further the interests of justice and promote judicial economy, the Chief Judge may, by administrative order, reduce the fines prescribed in subsection (a) of this section.

(c) Except as set forth in subsection (a), above, [[and]] Section 30-447, >>and Section 30-292<
(d) In addition to the fines and costs referred to in subsection (a), upon a finding of guilty after trial, the Court shall assess court costs against the guilty party.

(e) The Chief Judge may, by administrative, order, designate and specially set aside five dollars ($5.00) for each assessment of costs referred to in subsection (a) for the establishment of a Parking System Trust Fund and a Court Facility Trust Fund. Three dollars ($3.00) shall be placed in the Parking System Trust Fund and the remaining two dollars ($2.00) shall be placed in the Court Facility Trust Fund. The Chief Judge and the Clerk of the Court may authorize expenditure to these funds for maintenance and enhancement of the Parking Violations Bureau and court facilities.
(f) The Clerk of the Courts may designate and specially set aside four dollars ($4.00) for each assessment of costs referred to in subsection (a) for the establishment of the Clerk's Service Enhancement Trust Fund which shall be used for the maintenance and enhancement of the functions of the Clerk.

(g) A surcharge of four dollars ($4.00) is imposed on parking fines and monies collected shall be placed in the School Crossing Guard Trust Fund as authorized by Section 316.660(4)(c), Florida Statutes.

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.